PALETTA v. CITY OF TOPEKA

No. 71,881

20 Kan. App. 2d 859 (1995)

SHANE L. PALETTA, Appellant, v. CITY OF TOPEKA, KANSAS, and THE HONORABLE JOSEPH COX, JUDGE OF THE TOPEKA MUNICIPAL COURT, Appellees.

Court of Appeals of Kansas.

Opinion filed April 7, 1995.


Attorney(s) appearing for the Case

Gary Stone, legal intern, and Michael Kaye, supervising attorney, of Washburn Law Clinic, of Topeka, for the appellant.

Tracy T. Diel, assistant city attorney. for the appellees.

Before ELLIOTT, P.J., BRAZIL and LEWIS, JJ.


LEWIS, J.:

Petitioner, Shane L. Paletta, filed a petition for a writ of habeas corpus. The trial court dismissed the petition as being without merit. This appeal followed.

Petitioner entered into a diversion agreement with the City of Topeka in 1986 in order to avoid being prosecuted for DUI. At the time he entered into the agreement, he was not represented by counsel, was not informed of his right to counsel, and did not waive his right to counsel. Petitioner...

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